Terms & Conditions and Privacy Policy for Hey Dani Creative, LLC
Last updated January 5th 2023
I reserve the right, in my sole discretion, to change the Terms under which my products and services are offered. The most current version of the Terms will supersede all previous versions. I encourage You to periodically review the Terms to stay informed of any updates.
NOTICE: These Terms and Policies are legally binding. It is your responsibility to read these Terms carefully prior to purchase, use or access of any of my products or services. By viewing this website or anything made available on or through this website, you are agreeing to accept all parts of these Terms & Policies. Thus, if you do not agree to the Terms below, stop now and do not access or use this website.
PRIVACY POLICY
This privacy notice for Hey Dani Creative, LLC ("Company," “me,” “I,” or “my”), describes how and why I might collect, store, use, and/or share ("process") your information when you use my services ("Services"), such as when you:
Visit my website at heydanicreative.com, or any website of mine that links to this privacy notice
Engage with me in other related ways, including any sales, marketing, or events
By providing me your data, you warrant to me that you are over 12 years of age.
what data do i collect about you, for what purpose, and on what grounds do i process it?
Personal data means any information capable of identifying an individual. It does not include anonymized data.
I may process the following categories of personal data about you:
Communication Data that includes any communication that you send to me whether that be through any contact form on my website, through blog comments on my website, through email, text, social media messaging, social media posting or any other communication that you send me. I process this data for the purposes of communicating with you, for record keeping and for the establishment, pursuance or defense of legal claims. My lawful ground for this processing is my legitimate interests which in this case are to reply to communications sent to me, to keep records and to establish, pursue or defend legal claims.
Customer Data that includes data relating to any purchases of goods and/or services such as your name, title, billing address, delivery address, email address, phone number, contact details, purchase details and your card details. I process this data to supply the goods and/or services you have purchased and to keep records of such transactions. My lawful ground for this processing is the performance of a contract between you and I and/or taking steps at your request to enter into such a contract.
User Data that includes data about how you use my website and any online services together with any data that you post for publication on my website or through other online services. I process this data to operate my website and ensure relevant content is provided to you, to ensure the security of my website, to maintain back- ups of my website and/or databases and to enable publication and administration of my website, other online services and business. My lawful ground for this processing is my legitimate interests which in this case are to enable me to properly administer my website and my business.
Technical Data that includes data about your use of my website and online services such as your IP address, your login data, details about your browser, length of visit to pages on my website, page views and navigation paths, details about the number of times you use my website, time zone settings and other technology on the devices you use to access my website. The source of this data is from my analytics tracking system. I process this data to analyze your use of my website and other online services, to administer and protect my business and website, to deliver relevant website content and advertisements to you and to understand the effectiveness of my advertising. My lawful ground for this processing is my legitimate interest which in this case are to enable me to properly administer my website and my business and to grow my business and to decide my marketing strategy.
Marketing Data that includes data about your preferences in receiving marketing from me and my third parties and your communication preferences. I process this data to enable you to partake in my promotions such as competitions, prize draws and free give-aways, to deliver relevant website content and advertisements to you and measure or understand the effectiveness of this advertising. My lawful ground for this processing is my legitimate interest which in this case are to study how customers use my products/services, to develop them, to grow my business and to decide my marketing strategy.
Opt-In Data that includes the name and email address you use to opt-in to my email newsletter or sign up for a freebie. I process this data to send you emails about branding, websites, and send you free resources and occasional promotions and special offers. My lawful ground of processing is consent and legitimate interest which in this case are to provide my email subscribers with free value, market my products/services and grow my business.
I may use Customer Data, User Data, Technical Data and Marketing Data to deliver relevant website content and advertisements to you (including Facebook ads or other display advertisements) and to measure or understand the effectiveness of the advertising I serve you. My lawful ground for this processing is legitimate interests which is to grow my business. I may also use such data to send other marketing communications to you. My lawful ground for this processing is either consent or legitimate interests (namely to grow my business).
SENSITIVE DATA
I do not collect any Sensitive Data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. I do not collect any information about criminal convictions and offenses.
I do not carry out automated decision making or any type of automated profiling.
HOW i COLLECT YOUR PERSONAL DATA:
I may collect data about you by you providing the data directly to me (for example by filling in forms on my website or by sending me emails). I may automatically collect certain data from you as you use my website by using cookies and similar technologies. Please see my Cookie Policy for more details.
I may receive data from third parties like analytics providers such as Google and Squarespace, advertising networks such as Facebook, such as search information providers like Google, providers of technical, payment and delivery services, such as data brokers or aggregators.
MARKETING COMMUNICATIONS:
My lawful ground of processing your personal data to send you marketing communications is either your consent or my legitimate interests (namely to grow my business).
Under the Privacy and Electronic Communications Regulations, I may send you marketing communications from my business if (a) you made a purchase or asked for information from me about our products or services or (b) you agreed to receive marketing communications and in each case you have not opted out of receiving such communications since. Under these regulations, if you are a limited company, I may send you marketing emails without your consent. However you can still opt-out of receiving marketing emails from me at any time.
Before I share your personal data with any third party for their own marketing purposes I will get your express consent.
You can ask me or third parties to stop sending you marketing messages at any time by following the opt-out links on any marketing message sent to you or by emailing me directly at danielle@heydanicreative.com at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
DISCLOSURES OF YOUR PERSONAL DATA:
I may have to share your personal data with the parties set out below:
Service providers who provide IT and system administration services.
Professional advisers including lawyers, bankers, auditors and insurers
Government bodies that require me to report processing activities.
Third parties to whom I sell, transfer, or merge parts of my business or my assets.
Payment processors that handle my payments for my products or services.
Newsletter service providers that allow me to send you marketing emails.
Countdown timer tools who use your IP address to customize countdown timers in my marketing emails.
I require all third parties to whom I transfer your data to respect the security of your personal data and to treat it in accordance with the law. I only allow such third parties to process your personal data for specified purposes and in accordance with my instructions.
DATA SECURITY:
I have put in place security measures to prevent your personal data from being accidentally lost, used, altered, disclosed, or accessed without authorization. I also allow access to your personal data only to those employees and/or partners who have a business need to know such data. They will only process your personal data per my instructions and they must keep it confidential.
DATA RETENTION:
I will only retain your personal data for as long as necessary to fulfill the purposes I collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
When deciding what the correct time is to keep the data for I look at its amount, nature and sensitivity, potential risk of harm from unauthorized use or disclosure, the processing purposes, if these can be achieved by other means and legal requirements.
For tax purposes the law requires me to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they stop being customers or clients.
In some circumstances I may anonymize your personal data for research or statistical purposes in which case I may use this information indefinitely without further notice to you.
your legal RIGHTS:
Under data protection laws you have rights in relation to your personal data that include the right to request access, correction, erasure, restriction, transfer, to object to processing, to portability of data and (where the lawful ground of processing is consent) to withdraw consent.
If you wish to exercise any of the rights set out above, please email me directly at danielle@heydanicreative.com.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, I may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive, or refuse to comply with your request in these circumstances.
I may need to request specific information from you to help me confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. I may also contact you to ask you for further information in relation to your request to speed up my response.
I try to respond to all legitimate requests within one month. Occasionally it may take me longer than a month if your request is particularly complex or you have made a number of requests. In this case, I will notify you.
THIRD-PARTY LINKS:
This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. I do not control these third-party websites and are not responsible for their privacy statements. When you leave my website, I encourage you to read the privacy notice of every website you visit.
COOKIES:
You can set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly. For more information about the cookies I use, please review my Cookie Policy.
MY INFO
This website is owned and operated by Danielle Martin at Hey Dani Creative, LLC. Reading this privacy notice will help you understand your privacy rights and choices. If you do not agree with my policies and practices, please do not use my Services. If you still have any questions or concerns, please contact me at danielle@heydanicreative.com.
terms & conditions of use
AGREEment to terms
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Hey Dani Creative, LLC. ("Company," “me,” “I,” or “my”), concerning your access to and use of the www.heydanicreative.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. I reserve the right, in my sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.
I will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Site.
I’m not affiliated with or endorsed by Squarespace.
Intellectual Property Rights
Unless otherwise indicated, the Site is my proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by me or licensed to me, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without my express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. I reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
User Representations
By using the Site, you represent and warrant that:
all registration information you submit will be true, accurate, current, and complete;
you will maintain the accuracy of such information and promptly update such registration information as necessary;
you have the legal capacity and you agree to comply with these Terms of Use;
you are not under the age of 18;
you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
you will not use the Site for any illegal or unauthorized purpose;
your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, I have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
User Registration
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
prohibited actions
You may not access or use the Site for any purpose other than that for which I make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.
As a user of the Site, you agree not to:
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from me.
make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
use a buying agent or purchasing agent to make purchases on the Site.
use the Site to advertise or offer to sell goods and services.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
engage in unauthorized framing of or linking to the Site.
trick, defraud, or mislead me and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of my support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from the Site in order to harass, abuse, or harm another person.
use the Site as part of any effort to compete with me or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
harass, annoy, intimidate, or threaten me in providing any portion of the Site to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
disparage, tarnish, or otherwise harm, in my opinion, me and/or the Site.
use the Site in a manner inconsistent with any applicable laws or regulations.
user generated contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to me or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, testimonials, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize me, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
contribution license
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to me an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
I do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. I am not liable for any statements or representations in your Contributions provided by you in any area on the Site.
You are solely responsible for your Contributions to the Site and you expressly agree to exonerate me from any and all responsibility and to refrain from any legal action against me regarding your Contributions.
I have the right, in my sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
Guidelines For Reviews
I may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:
you should have firsthand experience with the person/product/service/entity being reviewed;
your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
your reviews should not contain references to illegal activity;
you should not be affiliated with competitors if posting negative reviews;
you should not make any conclusions as to the legality of conduct;
you may not post any false or misleading statements;
you may not organize a campaign encouraging others to post reviews, whether positive or negative.
I may accept, reject, or remove reviews or comments in my sole discretion. I have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by me, and do not necessarily represent my opinions or the views of any of our affiliates or partners.
I do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to me a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to me are non-confidential and shall become my sole property. I shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
Third-Party Websites & Content
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by me, and I am not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by me. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.
You agree and acknowledge that I do not endorse the products or services offered on Third-Party Websites and you shall hold me harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold me harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
I reserve the right, but not the obligation, to:
monitor the Site for violations of these Terms of Use;
take appropriate legal action against anyone who, in my sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;
in my sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
in my sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to my systems;
otherwise manage the Site in a manner designed to protect my rights and property and to facilitate the proper functioning of the Site.
copyright infringements
I respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify me using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
modifications & interruptions
I reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, I have no obligation to update any information on the Site. I also reserve the right to modify or discontinue all or part of the Site without notice at any time.
I will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
I cannot guarantee the Site will be available at all times. I may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
I reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that I have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
Affiliate Links
Some of the links contained on this website are affiliate links. This means that I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of high quality, whether an affiliate relationship is in place or not.
Refunds
Unless otherwise stated on a product's specific sales page, I issue refunds when you request them via email to danielle@heydanicreative.com.
For digital downloads: No refunds are offered. Please be sure before purchasing.
For website templates: No refunds are offered. Please be sure before purchasing.
Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of Pennsylvania. Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts in that State or location.
If any provision of this agreement becomes void, unlawful or unenforceable, then that provision will be excluded from this agreement and will not affect validity and enforceability of any remaining provisions.
Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or myself (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the courts of Pennsylvania.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. I reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Advice On This Website
This website is an informational resource for bloggers and business owners. It is not a substitute for working with a business consultant or other professional. I cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to use this website you acknowledge that I cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website are at your own risk.
This website contains articles on websites, design, marketing and other topics. Information on such topics is subject to change and we make no representation or warranty that the information provided is accurate, reliable, current or error-free. I am not liable for any inaccuracy, error or incompleteness in the content.
All content provided on this website is for informational purposes only and we make no guarantees that any advice given will work or suit everyone. I am not liable for any losses, damages or injuries from the display or use of this information or from information contained in any provided links.
Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND MY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, I DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. I MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF MY SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. I DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitations Of Liability
IN NO EVENT WILL I OR MY DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify, and hold me harmless, including my subsidiaries, affiliates, and all of my respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, I reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify me, and you agree to cooperate, at your expense, with our defense of such claims. I will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
User Data
I will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although I perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.
You agree that I shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against me arising from any such loss or corruption of such data.
Miscellaneous
These Terms of Use and any policies or operating rules posted by me on the Site constitute the entire agreement and understanding between you and I. My failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. I may assign any or all of my rights and obligations to others at any time. I shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and I as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
contact
Questions or concerns? Reading this policy notice will help you understand your rights and choices. If you do not agree with my policies and practices, please do not use my Services. If you still have any questions or concerns, please contact me at danielle@heydanicreative.com.
This website is owned and operated by Danielle Martin at Hey Dani Creative, LLC.